Irey v. Pennsylvania R.

Supreme Court of Pennsylvania
Irey v. Pennsylvania R., 132 Pa. 563 (Pa. 1890)
19 A. 341; 1890 Pa. LEXIS 853
Clark, Green, McCollum, Mitchell, Paxson, Williams

Irey v. Pennsylvania R.

Opinion of the Court

Per Curiam:

The judgment of nonsuit was properly entei’ed. The evidence shows that the deceased lost his life as the result of his

own rashness. While waiting at the station to take the train for Phcenixville, under the mistaken belief that his own train

was just starting, he left the platform and ran across the tracks, directly in front of a passing train by which he was struck and killed. Had he looked he would have seen the approaching train and saved his life. It is idle to speak of the negligence of the defendant company; plaintiff’s own negligence was so palpable as to justify the judge below in withdrawing the case from the jury.

Judgment affirmed.

Reference

Full Case Name
HANNAH M. IREY v. PENNSYLVANIA R. CO.
Cited By
3 cases
Status
Published
Syllabus
In an action against a railroad company to recover damages for the death of pl&intift's husband, through the alleged negligence of the defendant, it was made to appear that the deceased, under the mistaken belief that his own train was about to start, ran across an intervening track in front of a train approaching thereon, without stopping to look and listen, and was struck and killed; in such case, it was not error to enter judgment of compulsory nonsuit.